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HomeMy WebLinkAboutItem #12 Ordinance Creating a Redevelopment Agency AGENDA ITEM COVER SHEET Meeting Date: April 4, 2006 Item # /2 Reviewed By: Contact Name: Contact Number: Jamie Croteau (407) 905 - 3117 Department Director: City Manager: ~ ~ ~ Subject: Ordinance Creating a Community Redevelopment Agency in the City of Ocoee, Florida. Background Summary: On September 21, 2004 the City Council adopted a resolution finding a certain defined area of the City of Ocoee had conditions of "blight" as that term is defined in the Community Redevelopment Act. The next steps in the process of redeveloping that area in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A municipality located within such a county may exercise redevelopment powers under the Act only if the governing body of the county has delegated those powers to the governing body of the city. 9163.400, Florida Statutes. Orange County had adopted a home rule charter. On March 21, 2006, the Orange County Board of County Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a community redevelopment agency to the City. The attached ordinance officially creates the Community Redevelopment Agency(CRA). The Agency will be governed by a board made up of the five City Commissioners and two appointed members. The City has agreed in the Interlocal Agreement to appoint one member to the CRA Board that the Orange County Board of County Commissioners nominates. A map showing the area of operation of the CRA is attached. Once the Ordinance is enacted the next steps will be to adopt a redevelopment plan and to create a redevelopment trust fund. Issue: Should the Honorable Mayor and City Commissioners enact an Ordinance Creating a Community Redevelopment Agency in the City of Ocoee, Florida? Recommendation: Staff recommends that the Mayor and City Commissioners adopt, on first reading, the Ordinance Creating A Community Redevelopment Agency in the City of Ocoee, Florida Attachments: Ordinance Creating a Community Redevelopment Agency in the City of Ocoee, Florida. Map showing the proposed redevelopment area. Financial Impact: Unknown Type of Item: (please marl< with an '~'? Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerl<'s Deot Use: Consent Agenda _ Public Hearing Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A ORDINANCE NO. 2006 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT; CREATING A COMMUNITY REDEVELOPMENT AGENCY IN THE CITY OF OCOEE, FLORIDA; PROVIDING FOR THE COMPOSITION OF THE AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 21, 2004, the City Commission of the City of Ocoee (the "City Commission") after considering a report of conditions in a certain area of the City of Ocoee (the "City") adopted a resolution finding that those conditions caused that area to be a "blighted area" (as that term is defined in Section 163.340(8), Florida Statutes (2003)), and further found that area was in need of redevelopment and that the creation of a community redevelopment agency pursuant to Part III, Chapter 163, Florida Statutes (the "Redevelopment Act") was appropriate and necessary; and WHEREAS, the City is located in Orange County, which is a county that has adopted a home rule charter, and, therefore, the City cannot proceed with carrying out redevelopment in the "blighted area" unless and until Orange County has delegated redevelopment powers to the City pursuant to Section 163.410, Florida Statutes (2005); and WHEREAS, the City submitted a request to Orange County that redevelopment powers be delegated to the City by Orange County; and WHEREAS, on February 7, 2006, the City Commission approved an interlocal agreement with Orange County that provides for and sets forth the terms of a delegation of redevelopment powers by Orange County to the City; and WHEREAS, on March 21, 2006, the Board of County Commissioners of Orange County approved a resolution delegating redevelopment powers to the City and the interlocal agreement with the City; and WHEREAS, the interlocal agreement provides that the City may create a community redevelopment agency provided the composition of the agency's governing board consists of the five (5) members of the City Commission and two (2) individuals appointed by the City Commission, one of whom shall be nominated by Orange County. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Part III of Chapter 163, Florida Statutes. Section 2. Findin2s. The recitals set forth above are hereby adopted and incorporated into this Ordinance as findings of the City Commission. ORLA_ 407565.1 Section 3. Creation of Community Redeveloument Al!encv. There is hereby created pursuant to the Redevelopment Act a community redevelopment agency to operate within the municipal boundaries of the City of Ocoee, Florida, which shall be known as the Ocoee Community Redevelopment Agency (the "CRA"). Section 4. Comuosition of Governinl! Board. As authorized by Section 163.357(1)(c), Florida Statutes (2005) and as provided the interlocal agreement with Orange County, the governing board of the CRA shall consists of the five members of the City Commission plus two individuals appointed by the City Commission. One of the appointed members shall be nominated by Orange County and appointed by the City Commission. The term of office of the appointed members shall be for four (4) years, except that the first person appointed shall initially serve a term of two (2) years. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2006. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk (SEAL) S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. ADVERTISED , 2006 READ FIRST TIME , 2006 READ SECOND TIME AND ADOPTED , 2006 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP{ By: City Attorney 2 ORLA_ 407565.1